EXCELLENCE ART P LTD., Jaipur V. ITO, Jaipur

ITA 246/JPR/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7200 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 21-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Keywords: Reasonable cause
• Section: 144

Judgement Text

1 ITA 246-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH A JAIPUR BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ITA NO. 246/JP/2011 ASSTT. YEAR : 2004-05. M/S. EXCELLENCE ARTS PVT. LTD., VS. THE INCOME-TAX OFFICER, B-1, DHANSHREE PLUS, CENTRAL SPINE, WARD 4(2), VIDHYADHAR NAGAR, JAIPUR. JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI P.C. PARWAL RESPONDENT BY : SHRI D.K. MEENA ORDER DATE OF ORDER : 12/08/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2004-05. 2. THE ASSESSMENT IN THIS CASE WAS COMPLETED UNDER SECTION 144 AND AN ADDITION OF RS. 14,31,075/- WAS MADE BY INVOKING PROVISIONS OF SECTION 145(3) AS BOOKS OF ACCOUNTS WERE NOT PRODUCED INSPITE OF VARIOUS OPPORTUNITIES ALLOWED TO THE ASSESSEE. THE LD. CIT (A) HAS ALSO CONFIRMED THE ACTION OF THE AO AS BEFO RE HIM ALSO NO BOOKS OF ACCOUNT WERE PRODUCED. 3. NOW THE ASSESSEE IS IN APPEAL HERE BEFORE THE TR IBUNAL. 4. THE APPEAL FILED BY ASSESSEE IS DELAYED BY 69 DA YS. CONDONATION APPLICATION ALONG WITH AN AFFIDAVIT OF THE DIRECTOR IS PLACED O N RECORD. AFTER TAKING INTO CONSIDERATION THE CONTENTS OF THE AFFIDAVIT, IT IS SEEN THAT THERE IS A REASONABLE CAUSE IN NOT 2 FILING THE APPEAL IN TIME. IT IS SEEN THAT CHARTERE D ACCOUNTANT OF THE ASSESSEE RECEIVED THE ORDER FROM LD. CIT (A), COPY OF THE SAME WAS SUPPLI ED TO THE DIRECTOR FOR NECESSARY ACTION. HOWEVER, ORDER WAS KEPT IN THE PENDING PAPE RS FOR DISCUSSING THE MATTER WITH THE COUNSEL. PENDING PAPERS FILE WAS MISSING FOR SOMETI ME AND, THEREFORE, THE APPEAL COULD NOT BE FILED IN TIME BEFORE THE TRIBUNAL. 5. WE ARE OF THE VIEW THAT THERE WAS A REASONABLE C AUSE IN NOT FILING THE APPEAL IN TIME. THEREFORE, THE DELAY IN FILING THE APPEAL IS CONDONED. 6. THE LD. COUNSEL OF THE ASSESSEE HAS STATED THAT ALL THE BOOKS OF ACCOUNT ARE READY WITH THE ASSESSEE. THE SAME WERE ALSO SHOWN TO THE BENCH DURING THE APPELLATE PROCEEDINGS. IT WAS REQUESTED THAT MATTER CAN BE S ENT BACK TO THE FILE OF AO TO EXAMINE THESE BOOKS OF ACCOUNT. 7. ON THE OTHER HAND, THE LD. D/R FAIRLY STATED THA T MATTER CAN BE DISPOSED OFF ON MERIT. 8. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, WE FIND THAT MATTER SHOULD GO BACK TO THE FILE OF AO TO DEC IDE THE SAME AFRESH AFTER TAKING INTO CONSIDERATION THE BOOKS OF ACCOUNT WHICH WILL BE PR ODUCED BEFORE HIM AS PER UNDERTAKING GIVEN BY THE LD. COUNSEL DURING THE APPELLATE PROCE EDINGS. WE ORDER ACCORDINGLY. 9. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 10. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 12 .8.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JAIPUR, D/- 3 COPY FORWARDED TO :- M/S.EXCELLENCE ARTS PVT. LTD., JAIPUR. THE ITO WARD 4(2), JAIPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 246/JP/2011) BY ORDER, AR ITAT JAIPUR.